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BYRNES v. VOSE

No. 91-2246.

969 F.2d 1306 (1992)

Ralph BYRNES, Petitioner, Appellant, v. George VOSE, etc., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided July 17, 1992.

Attorney(s) appearing for the Case

Edward J. Romano, with whom Paul DiMaio, Providence, R.I., was on brief, for appellant.

Aaron L. Weisman, Sp. Asst. Atty. Gen., with whom James E. O'Neil, Atty. Gen., Providence, R.I., was on brief, for appellee State of R.I.

Before BREYER, Chief Judge, CYR, Circuit Judge, and FUSTE, District Judge.

FUSTE, District Judge.

Petitioner Ralph Byrnes appeals a Rhode Island federal district court decision dismissing his 28 U.S.C. § 2254 state conviction habeas corpus petition for failure to first exhaust state postconviction remedies.1 He argues before us, as he did before the district court, that it would be futile to conduct further collateral proceedings to review his conviction in the Rhode Island courts, since a codefendant, John...

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